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Bombay High CourtARB/19/2024withdrawn

Ramanlal Bhagwandas Patel v. Mahant Bhagwandas Guru Rangiram Dead Through His Lrs. Ishwar Sakharam Anerao

2024-08-22Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 921 ARBITRATION APPLICATION NO. 18 OF 2024 Ramanlal Bhagwandas Patel

VERSUS

Mahant Bhagwandas Guru Rangiram Dead Through His L.rs. Ishwar Sakharam Anerao ...

Advocate for Applicant : Mr. Muthiyan Namit Sunil ...

AND 922 ARBITRATION APPLICATION NO. 19 OF 2024 Ramanlal Bhagwandas Patel

VERSUS

Mahant Bhagwandas Guru Rangiram Dead Through His Lrs. Ishwar Sakharam Anerao ...

Advocate for Applicant : Mr. Muthiyan Namit Sunil ...

CORAM : ARUN R. PEDNEKER, J.

Dated : August 22, 2024 PER COURT :- 1.

Learned Counsel for the applicant submits that a dispute has arisen between the parties under Clause 15 of the agreement dated 05/05/2014. Clause 15 is noted below:

"15.

if any question of difference or claim or dispute arises between the parties hereto touching these presents or the construction thereof as to the rights, duties or obligations of the parties hereto or as to any matter arising out of or connected with the subject matter of these presents, the same shall be referred to the arbitration to be held at Aurangabad. The reference shall be to a single arbitrator to be mutually appointed, or in case of disagreement as to the appointment of a sole Arbitrator, by 3 Arbitrators of which each party shall appoint one Arbitrator and the two appointed Arbitrators shall jointly appoint the third Arbitrator. The Page 1 of

921 AA 18-2024 arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any law relating to arbitration in force at the time of such reference." 2.

He submits that he issued a notice for arbitration on 26/04/2024, which was refused. In view of the same, the present application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator.

3.

Issue notice to the respondents, returnable on 03/10/2024. ( ARUN R. PEDNEKER, J. ) vj gawade/-.

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